For nearly a year, thousands of families have lived with uncertainty.
Would children born in the United States to undocumented parents still become U.S. citizens? Would babies born after President Trump’s executive order suddenly be denied passports, Social Security numbers, or proof of citizenship?
The answer is now clear.
On June 30, 2026, the Supreme Court struck down President Trump’s executive order attempting to end birthright citizenship. The Court held that the Constitution—not the President—determines who becomes a U.S. citizen at birth.
For now, the law remains exactly as it has been for more than 150 years.
Shortly after taking office, President Trump signed an executive order directing federal agencies to deny automatic U.S. citizenship to many children born in the United States if their parents were:
Undocumented;
Present in the United States temporarily (such as students, tourists, or many work visa holders); or
Otherwise not considered to have permanent lawful status.
The order represented one of the most significant proposed changes to American immigration law in modern history.
Almost immediately, lawsuits were filed across the country.
Yesterday, the Supreme Court concluded that the President does not have the authority to change the meaning of the Citizenship Clause of the Fourteenth Amendment through an executive order.
The Court reaffirmed a principle that has existed since the ratification of the Fourteenth Amendment in 1868:
With very limited exceptions, a person born in the United States is a United States citizen at birth.
The decision also reaffirmed the Supreme Court’s landmark 1898 decision in United States v. Wong Kim Ark, which has long been considered the foundation of modern birthright citizenship.
Following this decision, birthright citizenship remains unchanged.
A child born in the United States is generally a U.S. citizen even if the parents are:
Undocumented;
Awaiting asylum;
In removal proceedings;
Holders of temporary visas, such as F-1, H-1B, L-1, B-2, or other nonimmigrant classifications; or
Have no lawful immigration status at all.
The longstanding exceptions remain extremely limited, such as children born to accredited foreign diplomats.
For most immigrant families, this decision changes nothing, which is exactly the point.
Children born in the United States continue to be eligible for:
U.S. passports;
Social Security numbers;
Citizenship documentation;
The protections and rights of U.S. citizenship.
Federal agencies, including USCIS, the Department of State, and the Social Security Administration, should continue applying the same citizenship rules that have existed for generations.
The Court made an important point: the Constitution cannot be rewritten by executive order.
That does not necessarily mean the debate is over.
Some lawmakers may continue advocating for legislation or even a constitutional amendment. Others may attempt to narrow the scope of the Citizenship Clause in future litigation.
However, after this decision, any effort to eliminate birthright citizenship faces an exceptionally high constitutional hurdle.
If you are expecting a child or recently welcomed a baby born in the United States, this decision should provide significant reassurance.
Continue obtaining your child’s:
Birth certificate;
Social Security number; and
U.S. passport, when appropriate.
There is no need to delay these steps because of the executive order that the Supreme Court has now invalidated.
Immigration law changes frequently. Executive policies come and go. Court decisions are sometimes reversed.
The Constitution, however, remains the highest law of the land.
The Supreme Court’s decision is a reminder that while immigration enforcement policies may change from one administration to another, constitutional rights cannot be altered by presidential decree alone.
For millions of immigrant families, one of the most fundamental questions has now been answered:
If your child is born in the United States, the Constitution continues to recognize that child as an American citizen.
Would children born in the United States to undocumented parents still become U.S. citizens? Would babies born after President Trump’s executive order suddenly be denied passports, Social Security numbers, or proof of citizenship?
The answer is now clear.
On June 30, 2026, the Supreme Court struck down President Trump’s executive order attempting to end birthright citizenship. The Court held that the Constitution—not the President—determines who becomes a U.S. citizen at birth.
For now, the law remains exactly as it has been for more than 150 years.
Shortly after taking office, President Trump signed an executive order directing federal agencies to deny automatic U.S. citizenship to many children born in the United States if their parents were:
Undocumented;
Present in the United States temporarily (such as students, tourists, or many work visa holders); or
Otherwise not considered to have permanent lawful status.
The order represented one of the most significant proposed changes to American immigration law in modern history.
Almost immediately, lawsuits were filed across the country.
Yesterday, the Supreme Court concluded that the President does not have the authority to change the meaning of the Citizenship Clause of the Fourteenth Amendment through an executive order.
The Court reaffirmed a principle that has existed since the ratification of the Fourteenth Amendment in 1868:
With very limited exceptions, a person born in the United States is a United States citizen at birth.
The decision also reaffirmed the Supreme Court’s landmark 1898 decision in United States v. Wong Kim Ark, which has long been considered the foundation of modern birthright citizenship.
Following this decision, birthright citizenship remains unchanged.
A child born in the United States is generally a U.S. citizen even if the parents are:
Undocumented;
Awaiting asylum;
In removal proceedings;
Holders of temporary visas, such as F-1, H-1B, L-1, B-2, or other nonimmigrant classifications; or
Have no lawful immigration status at all.
The longstanding exceptions remain extremely limited, such as children born to accredited foreign diplomats.
For most immigrant families, this decision changes nothing, which is exactly the point.
Children born in the United States continue to be eligible for:
U.S. passports;
Social Security numbers;
Citizenship documentation;
The protections and rights of U.S. citizenship.
Federal agencies, including USCIS, the Department of State, and the Social Security Administration, should continue applying the same citizenship rules that have existed for generations.
The Court made an important point: the Constitution cannot be rewritten by executive order.
That does not necessarily mean the debate is over.
Some lawmakers may continue advocating for legislation or even a constitutional amendment. Others may attempt to narrow the scope of the Citizenship Clause in future litigation.
However, after this decision, any effort to eliminate birthright citizenship faces an exceptionally high constitutional hurdle.
If you are expecting a child or recently welcomed a baby born in the United States, this decision should provide significant reassurance.
Continue obtaining your child’s:
Birth certificate;
Social Security number; and
U.S. passport, when appropriate.
There is no need to delay these steps because of the executive order that the Supreme Court has now invalidated.
Immigration law changes frequently. Executive policies come and go. Court decisions are sometimes reversed.
The Constitution, however, remains the highest law of the land.
The Supreme Court’s decision is a reminder that while immigration enforcement policies may change from one administration to another, constitutional rights cannot be altered by presidential decree alone.
For millions of immigrant families, one of the most fundamental questions has now been answered:
If your child is born in the United States, the Constitution continues to recognize that child as an American citizen.